No surprise.....KLB wrote: ↑Sat Feb 09, 2019 12:08 am The Ninth Circuit will rehear this case en banc.http://reason.com/volokh/2019/02/08/rig ... headed-forFor more on the panel decision from last Summer, see here. The panel will include the Chief Judge Sidney R. Thomas, plus 10 randomly selected judges; those judges must come from either the roster of active judges, or of the senior judges who served on the panel, if they want to be eligible for the en banc (in this instance, Judge O'Scannlain and Judge Clifton). En bancs in most circuits include the entire court, but because the Ninth Circuit is so large, its en banc panels include only 11 judges.)
To the extent such things are relevant, the Ninth Circuit has 23 active judges, of whom 7 are Republican appointees and 16 (including Chief Judge Thomas) are Democratic appointees. At the same time, note that Judge Clifton, while a Republican appointee, voted against right-to-carry on the panel; and some Democratic-appointed judges on the Ninth Circuit endorsed an individual rights view of the Second Amendment even before D.C. v. Heller, though that doesn't say what they think of carrying outside the home.
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Return to “HI: 9th Circuit panel rules 2A protects right to carry gun in public”
- Sat Feb 09, 2019 7:36 am
- Forum: Other States
- Topic: HI: 9th Circuit panel rules 2A protects right to carry gun in public
- Replies: 33
- Views: 11579
Re: HI: 9th Circuit panel rules 2A protects right to carry gun in public
- Wed Jul 25, 2018 11:35 am
- Forum: Other States
- Topic: HI: 9th Circuit panel rules 2A protects right to carry gun in public
- Replies: 33
- Views: 11579
Re: HI: 9th Circuit panel rules 2A protects right to carry gun in public
Please refer to my post (#12) above...K.Mooneyham wrote: ↑Wed Jul 25, 2018 11:00 am I want y'all to think about this. Texas passed licensed open carry, and it's been a little while now. However, as many have pointed out on this forum, how many folks actually open carry? Now, I know some will say something like "Well, we can conceal under the same license, so why open carry?" However, there is also a LARGE stigma attached to open carry, even among pro-2A, pro-self-defense people...and there is the common refrain of "if you open carry, you will be immediately shot or have your gun taken away". I say all this to set up a question: if the court allows open carry only, how many will take advantage of that versus allowing concealed carry only? IMHO, if they allow open carry but not concealed, they've limited the right to bear DE FACTO because of the stigma attached to open carry...and THEY KNOW IT!
This case is not about open carry only.... It's about the right to "bear" arms in public.
If Hawaii loses in the courts, they can still chose to allow concealed carry only.
Any state that allows only OC will get a lot more OC, regardless of the OC stigma.
- Wed Jul 25, 2018 9:45 am
- Forum: Other States
- Topic: HI: 9th Circuit panel rules 2A protects right to carry gun in public
- Replies: 33
- Views: 11579
Re: HI: 9th Circuit panel rules 2A protects right to carry gun in public
I believe the majority decision said that it's ok to ban concealed carry but you cannot also ban open carry, since banning both fails intermediate 2A scrutiny, making the of "bearing" arms impossible. The decision leaves open the "how" on the "bearing" of arms, so, if the affected states all had shall-issue concealed carry laws, I believe this ruling would be satisfied.
Better stated HERE and HERE.
- Wed Jul 25, 2018 5:36 am
- Forum: Other States
- Topic: HI: 9th Circuit panel rules 2A protects right to carry gun in public
- Replies: 33
- Views: 11579
Re: HI: 9th Circuit panel rules 2A protects right to carry gun in public
https://texaschlforum.com/viewtopic.php ... 7#p1213097C-dub wrote: ↑Tue Jul 24, 2018 8:51 pm I'm not sure which thread it was in, but I think someone else mentioned, regarding a similar recent ruling from the 9th, that they don't want to be the ones to send another case like this up to the SCOTUS to get a ruling that would probably grant/recognize more rights nationwide.

- Tue Jul 24, 2018 1:47 pm
- Forum: Other States
- Topic: HI: 9th Circuit panel rules 2A protects right to carry gun in public
- Replies: 33
- Views: 11579
Re: HI: 9th Circuit panel rules 2A protects right to carry gun in public
Judge Clifton is a Donkey.
en Banc reversal in 3.... 2..... 1....
en Banc reversal in 3.... 2..... 1....